Common use of Required Insurance Policies and Coverages Clause in Contracts

Required Insurance Policies and Coverages. The Mortgagor shall maintain in respect of the Premises the following insurance policies and coverages; (i) Physical hazard insurance on an “all risk” basis covering, without limitation, hazards commonly covered by fire and extended coverage, lightning, windstorm, civil commotion, hail, riot, strike, water damage, sprinkler leakage, collapse and malicious mischief, in an amount equal to the Full Replacement Cost of the Improvements, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, as would be maintained by a Prudent Operator; (ii) Commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises and any other adjoining streets, sidewalks and passageways, and covering any and all claims, including, without limitation, all legal liability to the extent insurable imposed upon the Mortgagee and all court costs and attorneys’ fees, arising out of or connected with the possession, use, leasing, operation or condition of the Premises with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed such requirements, in such amounts as would be maintained by a Prudent Operator; (iii) Explosion insurance in respect of any boilers, machinery and similar apparatus located on or comprising the Premises, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period, and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (iv) Business interruption insurance and/or loss of “rental value” insurance coveting one (1) year of loss, the term “rental value” to mean the sum of (x) the total estimated gross rental income from tenant occupancy of the Improvements as furnished and equipped under Leases and (y) the total amount of all other charges which are the legal obligation of the Tenants of the Premises under Leases; (v) If the Premises are located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, each as amended, or any successor laws, flood insurance with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (vi) Worker’s compensation insurance as required by the laws of the state where the Premises are located to protect the Mortgagor and the Mortgagee against claims for injuries sustained in the course of employment at the Premises; and (vii) such other insurance, against risks and with such policy limits and deductibles in such reasonable amounts as the Mortgagee may from time to time reasonably require, and, if no such requirements shall have been imposed, in such amounts as would be maintained by a Prudent Operator.

Required Insurance Policies and Coverages. The Mortgagor No Pledgor shall maintain in respect take any action that impairs the rights of the Premises Collateral Agent or any Secured Party in the Pledged Collateral and (A) as of the date hereof, the Pledged Collateral and the use thereof comply with all Insurance Requirements, and there exists no default under any Insurance Requirement, (B) all premiums due and payable with respect to the Required Insurance Policies have been paid, (C) all Insurance Policies are in full force and effect and such Pledgor has not received notice of violation or cancellation thereof and (D) all Insurance Policies or Insurance Certificates required to be delivered pursuant to Section 4.02(i) of the Credit Agreement have been delivered to the Collateral Agent in form satisfactory to the Collateral Agent. Each Pledgor shall at all times keep the Pledged Collateral insured, at such Pledgor's own expense, to the Collateral Agent's reasonable satisfaction against fire, theft and all other risks to which the Pledged Collateral may be subject, in such amounts and with such deductibles as would be maintained by a Prudent Operator or as the Collateral Agent may otherwise require, including, without limitation, the following insurance policies and coverages;: (iA) Physical physical hazard insurance on an “"all risk” " basis covering, without limitation, hazards commonly covered by fire and extended coverage, lightning, windstorm, civil commotion, hail, riot, strike, water damage, sprinkler leakage, collapse and malicious mischief, in an amount equal to the Full Replacement Cost of the Improvements, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, as would be maintained by a Prudent OperatorInventory; (iiB) Commercial commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises and any other adjoining streets, sidewalks and passagewaysPledged Collateral, and covering any and all claims, including, without limitation, all legal liability to the extent insurable imposed upon the Mortgagee Collateral Agent and all court costs and attorneys’ ' fees, arising out of or connected in connection with the possession, use, leasing, operation use or condition of the Premises with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed such requirements, in such amounts as would be maintained by a Prudent OperatorPledged Collateral; (iiiC) Explosion explosion insurance in respect of any boilers, machinery and similar apparatus used in the production of, located on near or comprising otherwise effecting the Premises, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period, and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent OperatorInventory; (ivD) Business business interruption insurance and/or loss of “rental value” insurance coveting one (1) year of loss, the term “rental value” to mean the sum of (x) the total estimated gross rental income from tenant occupancy of the Improvements as furnished and equipped under Leases and (y) the total amount of all other charges which are the legal obligation of the Tenants of the Premises under Leasesinsurance; (vE) If the Premises are located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, each as amended, or any successor laws, flood insurance with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (vi) Worker’s worker's compensation insurance as required by the laws of the state where the Premises are Pledged Collateral is located to protect the Mortgagor such Pledgor and the Mortgagee Collateral Agent against claims for injuries sustained in the course of employment at the Premisespremises of such Pledgor; and (viiF) such other insurance, insurance against risks and with such policy limits and deductibles in such reasonable amounts as the Mortgagee Collateral Agent may from time to time reasonably require, and, if no such requirements shall have been imposed, in such amounts as would be maintained by a Prudent Operator.

Required Insurance Policies and Coverages. The Mortgagor No Pledgor shall maintain in respect take any action that impairs the rights of the Premises Collateral Agent or any Secured Party in the Pledged Collateral and (A) as of the date hereof, the Pledged Collateral and the use thereof comply with all applicable Insurance Requirements, and there exists no default under any Insurance Requirement, (B) all premiums due and payable with respect to the Required Insurance Policies have been paid, (C) all Insurance Policies are in full force and effect and such Pledgor has not received notice of violation or cancellation thereof and (D) all Insurance Policies or Insurance Certificates required to be delivered pursuant to Section 4.02(i) of the Credit Agreement have been delivered to the Collateral Agent in form satisfactory to the Collateral Agent. Each Pledgor shall at all times keep the Pledged Collateral insured, at such Pledgor's own expense, to the Collateral Agent's reasonable satisfaction against fire, theft and all other risks to which the Pledged Collateral may be subject, in such amounts and with such deductibles as would be maintained by a Prudent Operator or as the Collateral Agent may otherwise require, including, without limitation, the following insurance policies and coverages;: (iA) Physical physical hazard insurance on an “"all risk” " basis covering, without limitation, hazards commonly covered by fire and extended coverage, lightning, windstorm, civil commotion, hail, riot, strike, water damage, sprinkler leakage, collapse and malicious mischief, in an amount equal to the Full Replacement Cost of the Improvements, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, as would be maintained by a Prudent OperatorInventory; (iiB) Commercial commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises and any other adjoining streets, sidewalks and passagewaysPledged Collateral, and covering any and all claims, including, without limitation, all legal liability to the extent insurable imposed upon the Mortgagee Collateral Agent and all court costs and attorneys’ ' fees, arising out of or connected in connection with the possession, use, leasing, operation use or condition of the Premises with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed such requirements, in such amounts as would be maintained by a Prudent OperatorPledged Collateral; (iiiC) Explosion explosion insurance in respect of any boilers, machinery and similar apparatus used in the production of, located on near or comprising otherwise effecting the Premises, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period, and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent OperatorInventory; (ivD) Business business interruption insurance and/or loss of “rental value” insurance coveting one (1) year of loss, the term “rental value” to mean the sum of (x) the total estimated gross rental income from tenant occupancy of the Improvements as furnished and equipped under Leases and (y) the total amount of all other charges which are the legal obligation of the Tenants of the Premises under Leasesinsurance; (vE) If the Premises are located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, each as amended, or any successor laws, flood insurance with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (vi) Worker’s worker's compensation insurance as required by the laws of the state where the Premises are Pledged Collateral is located to protect the Mortgagor such Pledgor and the Mortgagee Collateral Agent against claims for injuries sustained in the course of employment at the Premisespremises of such Pledgor; and (viiF) such other insurance, insurance against risks and with such policy limits and deductibles in such reasonable amounts as the Mortgagee Collateral Agent may from time to time reasonably require, and, if no such requirements shall have been imposed, in such amounts as would be maintained by a Prudent Operator.

Required Insurance Policies and Coverages. The Mortgagor No Pledgor shall maintain in respect take any action that impairs the rights of the Premises Collateral Agent or any Secured Party in the Pledged Collateral and (A) as of the date hereof, the Pledged Collateral and the use, occupancy and operation thereof comply with all Insurance Requirements, and there exists no default under any Insurance Requirement, except to the extent that such default could not reasonably be expected to result in a Material Adverse Effect, (B) all premiums due and payable with respect to the Required Insurance Policies have been paid, (C) all Insurance Policies are in full force and effect and such Pledgor has not received notice of violation or cancellation thereof, except to the extent that such violation could not reasonably be expected to result in a Material Adverse Effect and (D) all Insurance Policies or Insurance Certificates have been delivered to the Collateral Agent in form satisfactory to the Collateral Agent. Each Pledgor shall at all times keep the Pledged Collateral insured, at such Pledgor's own expense, to the Collateral Agent's satisfaction against fire, theft and all other risks to which the Pledged Collateral may be subject, in such amounts and with such deductibles as would be maintained by a Prudent Operator or as the Collateral Agent may otherwise require, including, without limitation, the following insurance policies and coverages;: (iA) Physical physical hazard insurance on an “"all risk” " basis covering, without limitation, hazards commonly covered by fire and extended coverage, lightning, windstorm, civil commotion, hail, riot, strike, water damage, sprinkler leakage, collapse and malicious mischief, in an amount equal to the Full Replacement Cost of the Improvements, with policy limits Equipment and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, as would be maintained by a Prudent OperatorInventory; (iiB) Commercial commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises and any other adjoining streets, sidewalks and passagewaysPledged Collateral, and covering any and all claims, including, without limitation, all legal liability to the extent insurable imposed upon the Mortgagee Collateral Agent and all court costs and attorneys’ ' fees, arising out of or connected with the possession, use, leasing, operation or condition of the Premises with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed such requirements, in such amounts as would be maintained by a Prudent OperatorPledged Collateral; (iiiC) Explosion explosion insurance in respect of any boilers, machinery and similar apparatus located on or comprising the Premises, with policy limits Equipment and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period, and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent OperatorInventory; (ivD) Business business interruption insurance and/or loss of “rental value” insurance coveting one (1) year of loss, the term “rental value” to mean the sum of (x) the total estimated gross rental income from tenant occupancy of the Improvements as furnished and equipped under Leases and (y) the total amount of all other charges which are the legal obligation of the Tenants of the Premises under Leasesinsurance; (vE) If the Premises are located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, each as amended, or any successor laws, flood insurance with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (vi) Worker’s worker's compensation insurance as required by the laws of the state where the Premises are Pledged Collateral is located to protect the Mortgagor such Pledgor and the Mortgagee Collateral Agent against claims for injuries sustained in the course of employment at the Premisespremises of such Pledgor; and (viiF) such other insurance, insurance against risks and with such policy limits and deductibles in such reasonable amounts as the Mortgagee Collateral Agent may from time to time reasonably require, and, if no such requirements shall have been imposed, in such amounts as would be maintained by a Prudent Operator.

Required Insurance Policies and Coverages. The ----------------------------------------- Mortgagor shall maintain in respect of the Premises the following insurance policies and coverages;: (i) Physical hazard insurance on an “"all risk” " basis covering, without limitation, hazards commonly covered by fire and extended coverage, lightning, windstorm, civil commotion, hail, riot, strike, water damage, sprinkler leakage, collapse and malicious mischief, in an amount equal to the Full Replacement Cost of the Improvements, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period require and, if the Mortgagee shall not have imposed any such requirements, as would be maintained by a Prudent Operator; (ii) Commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises and any other adjoining streets, sidewalks and passageways, and covering any and all claims, including, without limitation, all legal liability to the extent insurable imposed upon the Mortgagee and all court costs and attorneys’ ' fees, arising out of or connected with the possession, use, leasing, operation or condition of the Premises with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period require and, if the Mortgagee shall not have imposed such requirements, in such amounts as would be maintained by a Prudent Operator; (iii) Explosion insurance in respect of any boilers, machinery and similar apparatus located on or comprising the Premises, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month periodrequire, and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (iv) Business interruption insurance and/or loss of “"rental value” " insurance coveting covering one (1) year of loss, the term “"rental value” " to mean the sum of (x) the total estimated gross rental income from tenant occupancy of the Improvements as furnished and equipped under Leases and (y) the total amount of all other charges which are the legal obligation of the Tenants of the Premises under Leases; (v) If the Premises are located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, each as amended, or any successor laws, flood insurance with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period reasonably require and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (vi) Worker’s 's compensation insurance as required by the laws of the state where the Premises are located to protect the Mortgagor and the Mortgagee against claims for injuries sustained in the course of employment at the Premises; and (vii) such other insurance, against risks and with such policy limits and deductibles in such reasonable amounts as the Mortgagee may from time to time reasonably require, and, if no such requirements shall have been imposed, in such amounts as would be maintained by a Prudent Operator.

Required Insurance Policies and Coverages. The Mortgagor No Pledgor shall maintain in respect take any action that impairs the rights of the Premises Collateral Agent or any Secured Party in the Pledged Collateral and (A) as of the date hereof, the Pledged Collateral and the use, occupancy and operation thereof comply with all Insurance Requirements, and there exists no default under any Insurance Requirement, (B) all premiums due and payable with respect to the Required Insurance Policies have been paid, (C) all Insurance Policies are in full force and effect and such Pledgor has not received notice of violation or cancellation thereof and (D) all Insurance Policies or Insurance Certificates have been delivered to the Collateral Agent in form satisfactory to the Collateral Agent. Each Pledgor shall at all times keep the Pledged Collateral insured, at such Pledgor's own expense, to the Collateral Agent's satisfaction against fire, theft and all other risks to which the Pledged Collateral may be subject, in such amounts and with such deductibles as would be maintained by a Prudent Operator or as the Collateral Agent may otherwise require, including, without limitation, the following insurance policies and coverages;: (iA) Physical physical hazard insurance on an “"all risk” " basis covering, without limitation, hazards commonly covered by fire and extended coverage, lightning, windstorm, civil commotion, hail, riot, strike, water damage, sprinkler leakage, collapse and malicious mischief, in an amount equal to the Full Replacement Cost of the Improvements, with policy limits Equipment and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, as would be maintained by a Prudent OperatorInventory; (iiB) Commercial commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises and any other adjoining streets, sidewalks and passagewaysPledged Collateral, and covering any and all claims, including, without limitation, all legal liability to the extent insurable imposed upon the Mortgagee Collateral Agent and all court costs and attorneys’ ' fees, arising out of or connected with the possession, use, leasing, operation or condition of the Premises with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed such requirements, in such amounts as would be maintained by a Prudent OperatorPledged Collateral; (iiiC) Explosion explosion insurance in respect of any boilers, machinery and similar apparatus located on or comprising the Premises, with policy limits Equipment and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period, and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent OperatorInventory; (ivD) Business business interruption insurance and/or loss of “rental value” insurance coveting one (1) year of loss, the term “rental value” to mean the sum of (x) the total estimated gross rental income from tenant occupancy of the Improvements as furnished and equipped under Leases and (y) the total amount of all other charges which are the legal obligation of the Tenants of the Premises under Leasesinsurance; (vE) If the Premises are located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, each as amended, or any successor laws, flood insurance with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (vi) Worker’s worker's compensation insurance as required by the laws of the state where the Premises are Pledged Collateral is located to protect the Mortgagor such Pledgor and the Mortgagee Collateral Agent against claims for injuries sustained in the course of employment at the Premisespremises of such Pledgor; and (viiF) such other insurance, insurance against risks and with such policy limits and deductibles in such reasonable amounts as the Mortgagee Collateral Agent may from time to time reasonably require, and, if no such requirements shall have been imposed, in such amounts as would be maintained by a Prudent Operator.

Required Insurance Policies and Coverages. The ----------------------------------------- Mortgagor shall comply with all provisions, representations, warranties, conditions and covenants of the Mortgaged Lease pertaining to insurance. Mortgagor shall maintain in full force and effect the greater of the following insurance coverages or the insurance coverages required pursuant to the terms of the Mortgaged Lease in respect of the Premises Premises; provided, however, that to the following insurance -------- ------- extent that the terms of this Mortgage and the Mortgaged Lease require identical coverage, Mortgagor need only maintain one policy or group of policies and coverages;providing such coverage in respect of the Premises: (i) Physical hazard insurance on an “"all risk” " basis covering, without limitation, hazards commonly covered by fire and extended coverage, lightning, windstorm, civil commotion, hail, riot, strike, water damage, sprinkler leakage, collapse and malicious mischief, in an amount equal to the Full Replacement Cost of the Improvements, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period require and, if the Mortgagee shall not have imposed any such requirements, as would be maintained by a Prudent Operator; (ii) Commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises and any other adjoining streets, sidewalks and passageways, and covering any and all claims, including, without limitation, all legal liability to the extent insurable imposed upon the Mortgagee and all court costs and attorneys’ ' fees, arising out of or connected with the possession, use, leasing, operation or condition of the Premises with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period require and, if the Mortgagee shall not have imposed such requirements, in such amounts as would be maintained by a Prudent Operator; (iii) Explosion insurance in respect of any boilers, machinery and similar apparatus located on or comprising the Premises, with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month periodrequire, and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (iv) Business interruption insurance and/or loss of “"rental value” " insurance coveting covering one (1) year of loss, the term “"rental value” " to mean the sum of (x) the total estimated gross rental income from tenant occupancy of the Improvements as furnished and equipped under Leases Subleases and (y) the total amount of all other charges which are the legal obligation of the Tenants of the Premises under LeasesSubleases; (v) If the Premises are located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, each as amended, or any successor laws, flood insurance with policy limits and deductibles in such amounts as the Mortgagee may reasonably require from time to time but in no event more than one (1) time per twelve (12) month period reasonably require and, if the Mortgagee shall not have imposed any such requirements, in such amounts as would be maintained by a Prudent Operator; (vi) Worker’s 's compensation insurance as required by the laws of the state where the Premises are located to protect the Mortgagor and the Mortgagee against claims for injuries sustained in the course of employment at the Premises; and (vii) such other insurance, against risks and with such policy limits and deductibles in such reasonable amounts as the Mortgagee may from time to time reasonably require, and, if no such requirements shall have been imposed, in such amounts as would be maintained by a Prudent Operator.